I.S.MATHUR
Sewa Ram – Appellant
Versus
State of Uttar Pradesh – Respondent
ORDER
I.S.Mathur, J. - In these two bail applications in cases under the Narcotic Drugs & Psychotropic Substances Act, 1985 (herein after referred to as N.D.P.S. Act) similar questions of fact and law arise, and as, such they are being disposed of by this common order.
2. In Crl. Misc. Case No. 14475 of 1991 (Crime No. 249 of 1991 u/s. 20-B of the Narcotic Drugs and Psychotropic Substances Act, P.S. Baberu, District-Banda) applicant Sewaram was arrested on 26.8.1991 for the alleged offence under Sec. 20(b) of the N.D.P.S. Act for allegedly being in possession of one Kilogram Ganja and two and a half Tolas of opium for the purposes of selling. It is alleged that, while on patrol duty, Sub-Inspector Harish Chandra Tripathi, S.O. got the information from an informer that the applicant was selling Ganja and opium in front of the Government Opium Shop. The S.O., accompanied with the public witnesses Ram Chandra Gupta and Shiv Mangal Chaubey, searched the applicant and found the aforesaid Ganja and opium from a plastic bag, as also some money in another bag. This was sealed at the spot and recovery memo was prepared. A copy of the memo was given to the applicant but allegedly he tore it
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